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[2008] Successful cancellation of Westgate purchase

Rent_Share

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There has to be a business center on site, if not look for a UPS or Fed Ex retail store or independent equivalent to print your recession letter.

Do not wait until you arrive at home

Face to Face contact is worse than the phone, they will continue to lie until you are out of the rescission period
 

Passepartout

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Tell them firmly "NO!" again and again. Tell them you have been reading about their tricks on TUG (they know us) and absolutely no offers will be entertained without your attorney's approval. Tell them that after research nothing they sell has value larger than $1 on the open market.

Better yet, just don't show up. Unplug the phone. No one you care about will call that number anyway.

If you are trapped and have signed ANYTHING or they have your credit card number, type (or write out) and have ready to mail a rescission letter and beat a hasty path to the post office (DO NOT HAND DELIVER IT!) and get it postmarked.

Make them SHOW you the sentence in the paperwork about your right of rescission. We suspect it's carefully hidden on the CD they mail you conveniently after the rescission period has ended.

We are truly sorry those miserable weasels will stop at nothing to ruin your vacation- and make you spend sleepless nights wondering how they got past your defenses.

All the best. We are glad you found us.

Jim
 

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wow, more victims. I mailed my letter after 11 days and yes they receive it and of course they said it's too late to cancel. And now my monthly bills start kicking already. We don't know how to get rid of it, I feel sick thinking about it. We put big down payment and all we want is our money back or some at least but I don't know how?
 

LannyPC

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wow, more victims. I mailed my letter after 11 days and yes they receive it and of course they said it's too late to cancel. And now my monthly bills start kicking already. We don't know how to get rid of it, I feel sick thinking about it. We put big down payment and all we want is our money back or some at least but I don't know how?

Firstly, don't entertain any fantasies about selling it for the same price you paid for it. It's a sad fact that, once your rescission period has passed, the unit's resale value plummets down to near zero.

Secondly, chances are between slim and nil (closer to nil) that you will be able to sell it with a mortgage or MFs owing on it. Make sure those are all paid off and up to date before trying to unload ownership.

Thirdly, watch out for these vultures who will start calling or e-mailing you with wacky claims such as "Cancel your mortgage", "End your timeshare agreement", "Eliminate your MFs", etc. They will ask you for a huge, upfront fee, will do nothing, and you'll still be stuck with your timeshare (and a lighter wallet).
 

Rent_Share

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wow, more victims. I mailed my letter after 11 days and yes they receive it and of course they said it's too late to cancel. And now my monthly bills start kicking already. We don't know how to get rid of it, I feel sick thinking about it. We put big down payment and all we want is our money back or some at least but I don't know how?

I would file a complaint with the appropriate state real estate commission (where the contract was signed) Your rescission rights must be printed directly above where you sign to obligate yourself. The fact that Westgate converts that to 1 and Zeros on a CD that cannot be read until after you return home and your rescission rights have passed, does not meet the state statute for notice of rescission rights.
 

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hi David,
how to file a complaint? forgive my English.(English is my 2nd language), and I'm so illiterate on this matter, are they going to listen to us? or help us?what they going to do? I really don't have idea, I never heard timeshare before and I never think America have some kind of stinky business like this, it so sad.
 

Rent_Share

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hi David,
how to file a complaint? forgive my English.(English is my 2nd language), and I'm so illiterate on this matter, are they going to listen to us? or help us?what they going to do? I really don't have idea, I never heard timeshare before and I never think America have some kind of stinky business like this, it so sad.

Following your post history

Your purchase was in Tennessee, Which will control your recession rights and any legal process

http://www.tn.gov/regboards/trec/complaint.shtml




Licensees can be disciplined for the following violations:
  1. Making any willful misrepresentation;
  2. Making any promise of a character likely to influence, persuade, or induce any person to enter into a contract or agreement when he could not or did not intend to keep such promise;
  3. Pursuing a continued and flagrant course of misrepresentation or making of false promises through affiliate brokers, other persons, or any medium of advertising, or otherwise;
  4. Misleading or untruthful advertising, including the use of the term "Realtor"™ by a person not authorized to do so, or using any other trade name or insignia or membership in any real estate association or organization, of which the licensee is not a member;
  5. Failing, within a reasonable time, to account for or remit any moneys coming into the licensee's possession which belong to others;
  6. Failing to preserve for three (3) years following its consummation records relating to any real estate transaction;
  7. Acting for more than one (1) party in a transaction without the knowledge and consent in writing of all parties for whom the licensee acts;
  8. Failing to furnish a copy of any listing, sale, lease, or other contract relevant to a real estate transaction to all signatories thereof at the time of execution;
  9. Using or promoting the use of any real estate listing agreement form, real estate sales contract form, or offer to purchase real estate form which fails to specify a definite termination date;
  10. Inducing any party to a contract, sale or lease to break such contract for the purchase of substitution in lieu thereof a new contract, where such substitution is malicious or is motivated by the personal gain of the licensee;
  11. Accepting a commission or any valuable consideration by an affiliate broker for the performance of any acts specified in this chapter, from any person except the licensed real estate broker with whom the licensee is affiliated;
  12. Being convicted in a court of competent jurisdiction of this or any other state, or federal court, of forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud, or any crime or any similar offenses, or pleading guilty or nolo contendere to any such offense or offenses;
  13. Violating any federal, state, or municipal law prohibiting discrimination in the sale or rental of real estate because of race, color, religion, sex or national origin;
  14. Violating any provision of this chapter, any rule duly promulgated and adopted thereunder, or the terms of any lawful order entered by the commission;
  15. In the case of a licensee, failing to exercise adequate supervision over the activities of any licensed affiliate brokers under the scope of this chapter;
  16. In the case of a licensee, failing within a reasonable time to complete such administrative measures as may be required by the commission upon the transfer or termination of any affiliate broker employed by the broker;
  17. Paying or accepting, giving or charging any undisclosed commission, rebate, compensation or profit or expenditures for a principal, or in violation of this chapter;
  18. Failing to disclose to an owner the licensee's intention or true position if the licensee, directly or indirectly through a third party, purchases for itself or acquires or intends to acquire any interest in or any option to purchase property which has been listed with the licensee's office to sell or lease;
  19. Engaging in the unauthorized practice of law;
  20. Any conduct, whether of the same or a different character from that hereinbefore specified, which constitutes improper, fraudulent or dishonest dealing; or
  21. Violating the Tennessee Time-Share Act, compiled in Title 66, Chapter 32, Part 1, or any rule duly promulgated thereunder.
There is a link for the complaint form Download the Complaint Form [pdf] | Online Complaint Form

Essentially your complaint is that they did not supply you with a copy of your rescission rights that you could read without having access to your computer, so you wish to have the contract set aside for their violation of the Time-Share Act.

I am sure they will argue that you signed a waiver of receiving a paper copy in exchange for getting all of your documents on a CD. Don't know what the state's feeling will be on them hiding the recision clause.

Since you are concerned with you command of the English language, I would suggest you find a real estate/contract lawyer that is fluent in your native language to assist you in the process. If finances are an issue most communities have some form of legal aid.

You may be contacted from people that claim to be affiliated with "legal services" that promise to get you out of the contract for a large upfront fee. They are bigger crooks than Westgate
 
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shyme40

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good morning, ok is tis mean to you? “You May Cancel A Contract To Purchase A Time-Share Interval Within Ten (10) Days From The Date Of
The Contract, Where You Have Made An On-Site Inspection Of The Time-share Project Before Signing The
Contract, And, If You Have Not Made Such An Inspection, Within Fifteen (15) Days From The Date Of The
Contract. If You Elect To Cancel,

on site inspection? is this the showroom or model room they show us? I don't call that inspection. They show what look like, 1 bedroom deluxe
 

shyme40

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good morning, ok what is this mean to you? “You May Cancel A Contract To Purchase A Time-Share Interval Within Ten (10) Days From The Date Of
The Contract, Where You Have Made An On-Site Inspection Of The Time-share Project Before Signing The
Contract, And, If You Have Not Made Such An Inspection, Within Fifteen (15) Days From The Date Of The
Contract. If You Elect To Cancel,

on site inspection? is this the showroom or model room they show us? do they call that inspection. They show what look like, 1 bedroom deluxe

some typo error
 

Rent_Share

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IMHO if you were on site you would be limited to 10 Days - There is no way you are going to inspect the exact room represented by the points, that language was in law before points were created.
 

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Cancellation within 10 Days

After purchasing a Westgate Lakes time share we decided it wasnt the right time for us because we are serlling our primary home and looking to buy some land. I sent the notice of cancellation within the 10 days guidelines as listed in the Florida Code of Laws.

Westgate is in reciept of the letter and teh closing agent called us to say she needed more of a reason as to why we want to cancel. We told her that we are in the process of selling our home and our realestate agent advised us that the timeshare was not a good investment. She said that wasn't good enough and that the timeshare is not an investment and that Westgate would most likely fight us on canceling the contract. How can they fight me if I sent them the letter within the 10 day peiord? Are they just trying to bully us? Help--Confused.
 

Rent_Share

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How can they fight me if I sent them the letter within the 10 day period? Are they just trying to bully us? Help--Confused.


They can't, your right to rescind doesn't require a reason

These people lie for sport

There's a line from the documentary from the owner's son, where he tells the salesmen, if they don't own timeshares "to lie and say they do"

Send another letter reasserting your decision to rescind, if you are uncomfortable
 
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Passepartout

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Westgate is in reciept of the letter and teh closing agent called us to say she needed more of a reason as to why we want to cancel. We told her that we are in the process of selling our home and our realestate agent advised us that the timeshare was not a good investment.

Are they just trying to bully us?

Typical of Wastegate. They will do whatever they thinks will save a sale. You do not have to have a reason to cancel a purchase.

Yes, they are trying to bully you. Her statement that they MAY fight you on rescission was meant to create fear and doubt in your mind- which it did. They would absolutely lose any suit and have no desire for that fight.

Write another letter reiterating your desire to cancel. THEN, don't answer the phone to unknown numbers.

We're glad you found us within the rescission period.

Good Luck!
 

theo

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Crap and nonsense...

<snip> ...Westgate is in reciept of the letter and the closing agent called us to say she needed more of a reason as to why we want to cancel. We told her that we are in the process of selling our home and our real estate agent advised us that the timeshare was not a good investment. She said that wasn't good enough and that the timeshare is not an investment and that Westgate would most likely fight us on canceling the contract. How can they fight me if I sent them the letter within the 10 day period? Are they just trying to bully us? Help--Confused.

With all due respect, you really shouldn't be having any verbal conversation of any sort with these lying, parasitic weasels. You have cancelled in writing and that is enough. You need not ever explain or justify your decision to these maggots under any circumstances.

The bottom line here is that the only "reason" you need to rescind (cancel) is that state law provides you with the absolutely unquestionable legal right to do so. Westgate weasels already clearly know this, they are just trying to "bamboozle" you. They have no grounds to "fight" you --- and they can't and won't. Period, amen.

Count your blessings that you will have successfully avoided having anything to do with Westgate ownership. Well done. :clap:
 

carl2591

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westgate resort, david siegel, timeshare resort orlando

After purchasing a Westgate Lakes time share we decided it wasnt the right time for us because we are serlling our primary home and looking to buy some land. I sent the notice of cancellation within the 10 days guidelines as listed in the Florida Code of Laws.

Westgate is in reciept of the letter and teh closing agent called us to say she needed more of a reason as to why we want to cancel. We told her that we are in the process of selling our home and our realestate agent advised us that the timeshare was not a good investment. She said that wasn't good enough and that the timeshare is not an investment and that Westgate would most likely fight us on canceling the contract. How can they fight me if I sent them the letter within the 10 day peiord? Are they just trying to bully us? Help--Confused.


you might call her back and knowing now the real deal, ask her where in the paperwork is states you need to have a "good reason" to cancel. Tell her you called the Florida Attorney Generals office and they had not heard of needing a good reason and wanted to get more info on this deal..

guarantee that get the cancel done QUICK...

You know how you can tell when a timeshare salesperson is telling a lie on the phone.... they are talking to you..

westgate.. we put the scum back in scumbags...
 

theo

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Bad idea...

you might call her back and....<snip> westgate.. we put the scum back in scumbags...

No possible good can come from initiating any such phone conversation. It's just a bad idea to ever have any post-rescission oral communications with such parasites. These sales weasels are hungry and deceitful ---- and now also desperate to try to salvage their (rapidly disappearing) commission any way they can.
That's not a situation which is conducive to having any unnecessary and irrelevant phone conversation.

The rescission letter will stand entirely on its' own --- and those hungry maggots surely already know that.

I certainly agree wholeheartedly with your assessment of Westgate, however.
Westgate and CEO David Sea Gull are lower than whale excrement on the ocean floor.
 
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Thank you!

I would like to thank everyone for their sound advice. After the initial call from the Westgate closing agent that they had our letter canceling, they demanded a reason for cancellation, and threathened to fight us. I was shocked when I arrived home and had a letter in the mail from Westgate advising that my contract was canceled. It seems like the phone call was a last ditch effort to bully us, which is sad. I am thankful that I reviewed the contract when I got home from vacation and noticed the cancellation clause. When going over the paperwork, they never mentioned this option. As requested we will be mailing them their owner's manuel and moving on to happier vacation experiences. Thanks again!

:cheer:
 

timeos2

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I would like to thank everyone for their sound advice. After the initial call from the Westgate closing agent that they had our letter canceling, they demanded a reason for cancellation, and threathened to fight us. I was shocked when I arrived home and had a letter in the mail from Westgate advising that my contract was canceled. It seems like the phone call was a last ditch effort to bully us, which is sad. I am thankful that I reviewed the contract when I got home from vacation and noticed the cancellation clause. When going over the paperwork, they never mentioned this option. As requested we will be mailing them their owner's manuel and moving on to happier vacation experiences. Thanks again!

:cheer:

You did very well. Buying almost any timeshare retail is a mistake. Buying any Wastegate - retail, resale, a gift or someone pays you to take it - is the start of a nightmare you'll regret long after you manage to get rid of it. They are the worst of a often questionable industry. They are also some of the best at making it seem like a wonderful deal when they fill you with their lies and twisted "facts". Be so glad you found a way out when you had the absolute right to do it at no cost. Far too many miss that golden chance and then go through years of costs and wanting to get out from what should have been a pleasurable way to vacation at low cost and far nicer accommodations than the typical hotel room.

You figured it out in time and took the proper steps. Now you can take your time and see if a resale timeshare may be something that would be a value to your vacation plans. Or now that you've been exposed to the type of units and resorts that timeshares offer you can even rent as there are often great offers out there that don't even require an ownership at all.
And thanks for the update.
 

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so what do us poor suckers do with our wastegate weeks?

I have been a frustrated owner of a westgate week for years. I used it once. My now ex-husband is in jail and guess who is responsible for it now? yeah me. So what options do I have? I am thinking I should go FL and solicit a perspective buyer to take it off my hands for $1.00. I do not know what I am going to do. I cannot use it due to health reasons of my own and I am the caretaker of my elderly parents. I have been taken in by "sellers" even closed out a bank account to prevent a scammer from taking my money. I got a call from the "advocate" about RMI after I had done this. Little did I know even the advocates were scammers.

Within one hour of researching selling my timeshare without even posting anything I got a call from someone interested in buying my timeshare. I don't know what kind of program they have but I did not post anything nor leave my phone number on any site It must be from a previous selling scammer that has a program that tracks what we do. It was years ago I got scammed. He said he got my name from a list given out at a resale convention. I asked for the name of the people doing the convention so I could call and get my name off the list. He hung up on me.

I wish I had been this internet savvy before I let the sales people and my ex talk me into this ridiculous scam. Now I am stuck with it forever. Any suggestions what one can do with this burden?

I guess posting it on tugs wont get any responses now that I have read all this negativity about them.
 
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csxjohn

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I have been a frustrated owner of a westgate week for years. I used it once. My now ex-husband is in jail and guess who is responsible for it now? yeah me.
...

Is your name on the deed? Just a thought, if it's not there you are not responsible.

I guess posting it on tugs wont get any responses now that I have read all this negativity about them.


I have read many posts on TUG from Westgate owners that are happy with their ownership. I think the big problem is that when you give it to someone they have different rules for reserving their weeks. If it's a fixed week no problem.

You could try renting your week to family or friends who might want to use it.

If you do put it on TUG do not do like others I've seen and complain about it. Put it on and emphasize the good points of the resort.

I think the best place to find a new owner is at the resort itself. See if there is someway you can reach them, maybe by going there for a week and talk it up at the pool.

Good Luck.
 

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I have been a frustrated owner of a westgate week for years. I used it once. My now ex-husband is in jail and guess who is responsible for it now? yeah me. .

Have you consulted with bankruptcy counsel ?
 

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I have been a frustrated owner of a westgate week for years. I used it once. My now ex-husband is in jail and guess who is responsible for it now?
Any suggestions what one can do with this burden?

Send a change of address to Westgate, with your husband's name and the jail address.
 

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Updating;

1st of all, thank you guys for all advices, especially to PATRY, who answered my questions.

Following the instructions os TUGBBS, I got my timeshare purchase cancelled,

I sent 3 different letters (for 3 different addresses); Ocoee and Orlando (where I bought that).

The scammers did not called or emailed me anytime, but in 10th July (16 days after) I could check the 450usd refund in my credit card (they stole me 'only' 50 bucks for that crapy case, but its ok).

So, for anyone, my advice is to follow the TUGGERs instructions; type and sign the letter (if there are 2 buyers, both must sign the letter), send it through USPS CERTIFIED MAIL within the resciosion period.

Any other way will not be effective; DO NOT CALL THEM, DO NOT ASK ANYTHING TO THEM, DO NOT EXPLAIN ANYTHING TO THEM, because they will try to fool you again. Remember; THEY DO THAT TO KEEP YOUR MONEY, AND NOT TO HELP YOU!:annoyed:
 

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I too rescinded successfully

Thanks to this site and me finally coming to my senses, I was able to rescind the contract with Wyndham in time. For any newbie on here like I certainly was, thought I would post my timelines so that if you can get a recent timeline on what to expect. I'll leave out actual dates so I can't be traced :)

It was a thursday, last day of vacation, and we were roped into the presentation by the hotel "concierge" who is really a shill for wyndham. We paid full price for a nice dinner but did get discount tickets for a show. I would have rather paid the $75 instead of this mess, but it ended well. We signed up! Totally not like me, bad bad bad. Later that night, after the show, I started doing research and found that my same deal could be had for $1000 or so, $24000 less than I paid. That pretty much sucked. So I read the contract and it said I could cancel!

I stayed up late, and wrote a rescission letter. On our way out the next morning, I went to fedex/kinko's, printed the letter, took it back to the hotel for wifey to sign, checked out, stopped at fedex again to overnight it and stopped at usps to certify return receipt it as well. This was a Friday.

On the way home, wyndham called me. I told them then that I was canceling (and that i was on the road). About 4 hours later down the road, they called me again and told me that I must show up in person to rescind. I told him to read the contract.

When I got home, I scanned every post on this forum, found lots of great help and lots of timeframes. I read every document I got again looking for loopholes, there werent any. I did see that I could also tell them in person OR fax it in OR send it in the mail. I chose to do all of the above. That night I faxed in an unsigned copy (by accident), then signed it and faxed it again (it is now early sunday morning).

Also on Saturday, I called the "finance" group and cancelled the "auto pay" options, they said that my records don't yet show the rescission, but that was ok.

On sunday, I got the first call they promised to set up my next vacation, I told them that I rescinded and to please note my account. Also on Sunday, the finance person who signed us up called, I accidentally answered. Basically told her my reasons, she didn't argue, said she was sad, I confirmed that I am not changing my mind, she said OK.

A couple of weeks later, I get a call from someone in Florida that said they are processing my cancellation and need to talk to me in order to process it. I didn't return the call.

Two days after that, I get a noncommital letter in the mail from wyndham saying that they have received my rescission letter, and that if it was mailed within the rescission period, then my contract will be cancelled. It was dated the 5th day after signature, so the letter was dated within the rescission period, i figure i'm golden.

1 day after that, I receive an email from Bill Me Later saying a credit has appeared on my account for the full amount.

Yay, i'm done. Short of a fedex overnight, a certified letter (about $50 in total), a bit of worrying and lots of research, we are golden. The contract is cancelled.

Bottom line, if you followed the instructions in the last clause above your signature in the contract, you won't have problems with Wyndham, they have been very nice to me in this rescission process. Hope that helps other newbies like me! :)
 

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About 4 hours later down the road, they called me again and told me that I must show up in person to rescind. I told him to read the contract.

Excellent response.
 
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